A sitting judge of the Calcutta High Court (HC) resigns and announces his decision to join politics

Posted 06 Mar 2024

Updated 27 Mar 2024

2 min read

Experts believe that such moves not only undermine the credibility of the Judiciary but also go against constitutional morality, as it breaches Article 50 of the Constitution.
- The Article provides that State shall take steps to separate the judiciary from the executive in the public services of the State.
- Also, there is a possibility of Post-retirement jobs influencing pre-retirement judgments.

Earlier Instances of Judiciary taking up politics:
- A former Chief Justice of India (CJI) contested for the presidency of India in 1967.
- A Supreme Court (SC) judge contested the 1983 Lok Sabha polls from Barpeta in Assam.
- In 1952, a SC Judge was appointed as the Governor of Orissa.
In this regard, the Constitution is silent on post retirement rehabilitation of judges by the executive. However, the SC adopted the “Restatement of values of Judicial Life'' in 1997. Some of the values are:
- Any act of a Judge which erodes the credibility of the judiciary has to be avoided.
- A Judge should not contest the election to any office of a Club, society or other association.
The 14th Law Commission Report (1958) recommended that judges should be barred from accepting employment with the Union or the state, as a post-retirement job.

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